Resolution 4.19.23
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: G. Thomas Moynihan Jr & Joan Moynihan
File Number: AV 13-2023
Location: 81 Assembly Point Rd.
Tax Map Number: 239.12-2-27
ZBA Meeting Date: April 19, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from G. Thomas
Moynihan Jr. & Joan Moynihan. Applicant proposes to demolish the existing home and to construct a new 3-
bedroom home of 2,760 sq. ft. footprint and a floor area of 3,900 sq. ft. The sitework includes permeable paver
areas, stormwater management, and shoreline plantings. Site plan for new floor area. Relief is requested for
setbacks.
The applicant requests relief for setbacks for the construction of a new home. The project site is located at 81
Assembly Point Drive on a 0.41 ac parcel in a Waterfront Residential zone.
Section 179-3-040 dimensional
The new home is to be located 75.2 ft. from the shoreline where a 104.5 ft. setback (average of the two
adjoining owners) is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on April 19, 2023.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because it’s including property that currently exists.
2. Feasible alternatives have been considered by the Board, are reasonable and have been included to minimize
the request.
3. The requested variance is not substantial basically because of the way the setbacks are determined in this
zone with the other neighboring sites being so far back is really what causes the variance.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
It’s actually an improvement to the neighborhood.
Relief Required:
5. The alleged difficulty may be considered self-created only because of their making changes to the property,
developing the property with the new building.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 13-
2023, Introduced by Robert Keenan, who moved for its adoption, seconded by Ronald Kuhl:
Duly adopted this 19th Day of April 2023 by the following vote:
AYES: Mr. Cipperly, Mr. Keenan, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE